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WELLS v. FIFTH THIRD BANK, INC., 5:17-CV-178-D. (2017)

Court: District Court, E.D. North Carolina Number: infdco20170818e76 Visitors: 8
Filed: Aug. 16, 2017
Latest Update: Aug. 16, 2017
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . On June 7, 2017, defendant filed a motion to compel arbitration and to stay proceedings. See [D.E. 13]. Defendant also filed a declaration from Angela Howell, and memorandum in support of the motion. See [D.E. 14, 15]. On June 28, 2017, plaintiff responded in opposition [D.E. 16]. On July 12, 2017, Fifth Third Bank filed additional declarations in support of its motion and replied to plaintiffs response. See [D.E. 17, 18, 19]. The re
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ORDER

On June 7, 2017, defendant filed a motion to compel arbitration and to stay proceedings. See [D.E. 13]. Defendant also filed a declaration from Angela Howell, and memorandum in support of the motion. See [D.E. 14, 15]. On June 28, 2017, plaintiff responded in opposition [D.E. 16]. On July 12, 2017, Fifth Third Bank filed additional declarations in support of its motion and replied to plaintiffs response. See [D.E. 17, 18, 19].

The record demonstrates: (1) the existence of a dispute between the parties; (2) a written agreement that includes an arbitration provision purporting to cover the dispute and that is enforceable under general provisions of contract law; (3) the relationship of the transaction, as evidenced by the agreement, to interstate commerce; and (4) plaintiffs refusal to arbitrate the dispute. Thus, the court grants the motion to compel arbitration. See, e.g., Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 531-33 (2012) (per curiam); CompuCredit Corp. v. Greenwood, 565 U.S. 95, 98 (2012); AT&T Mobility LLC v. Conception, 563 U.S. 333, 344-52 (2011); Citizens Bank v. Alafabco, Inc., 539 U.S. 52, 56-58 (2003) (per curiam); Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79, 91-92 (2000); Galloway v. Santander Consumer USA, Inc., 819 F.3d 79, 89-90 (4th Cir. 2016); Chorley Enters. v. Dickey's Barbecue Rests., Inc., 807 F.3d 553, 562-63 (4th Cir.2015); Santoro v. Accenture Fed. Servs., LLC, 748 F.3d 217, 221 (4th Cir. 2014); Rota-McLarty v. Santander Consumer USA. Inc., 700 F.3d 690, 697-98 (4th Cir. 2012); Newman v. First Montauk Fin. Corp., No. 7:08-CV-116-D, 2010 WL 2933281, at *7-8 (E.D.N.C. July 23, 2010) (unpublished).

In sum, defendant's motion to compel arbitration and to stay proceedings [D.E. 13] is GRANTED. The court STAYS the action pending arbitration of plaintiff's claims. The parties shall notify this court upon the conclusion of the arbitration.

SO ORDERED.

Source:  Leagle

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